Look Back 2023: The Supreme Court gave many major decisions in the year 2023 of important developments, including the abolition of Article 370 giving special status to Jammu and Kashmir, upholding the Centre’s decisions regarding demonetization and refusal to give legal recognition to gay marriage. Decisions to be made are included. Under the leadership of Chief Justice DY Chandrachud, the apex court created a record by disposing of an unprecedented 52,191 cases between January 1 and December 15, 2023. It had disposed of around 40,000 cases last year. The Modi government received strong support from the Supreme Court for its decision to abrogate Article 370 and demonetisation, but an order by the apex court held that the Delhi government has legislative power over services except public order, police and land in the national capital. And there is executive control.
The court said this on the appointment of Chief Election Commissioner
A five-judge bench of the Supreme Court unanimously ruled that the Chief Election Commissioner and Election Commissioners will be appointed by the President on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of the country. However, after this the Center prepared a new law on the appointment of Chief Election Commissioner and Election Commissioners and also amended the Government of National Capital Territory of Delhi (GNCTD) Act. Now the Chief Justice will not be part of the committee to select members of the Election Commission, as envisaged in the March 2 judgment of the Supreme Court. Through the new GNCTD Act, the Center also took away control over services from the Delhi government.
Gay community’s hopes dashed
The apex court is now re-considering the Delhi government’s new petition against the amended GNCTD Act. Despite the ongoing tug-of-war between the Supreme Court and the Center over the appointment and transfer of judges to constitutional courts on the recommendation of the collegium, the apex court functioned with the full strength of 34 judges for most of the year and all candidates for the apex court judge posts were 14 top recommendations were approved promptly. The gay community’s decades-old hopes for legal recognition of their marriages and rights such as adoption, enrollment as parents in schools, opening bank accounts and inheritance were dashed when a five-judge Constitution bench delivered a split verdict. Narrated and said that the issue depends on the discretion of the Parliament.
Center had to face criticism from the Supreme Court
The Center faced criticism from the top court for repeatedly granting extension to Sanjay Kumar Mishra as Enforcement Directorate (ED) chief, terming it ‘illegal’. The Center won the legal battle over the removal of Article 370 and a five-judge Constitution bench unanimously upheld the central government’s decision to abrogate its provisions. However, the apex court ordered restoration of the statehood of the present Union Territory of Jammu and Kashmir at the earliest and holding of state assembly elections by September 30, 2024. The central government suffered a setback when the victims of the 1984 Bhopal gas tragedy Its curative petition seeking additional Rs 7,844 crore from the successor companies of Union Carbide Corporation to provide higher compensation to Union Carbide Corporation was rejected.
Court pronounces verdict on dispute between rival factions of Shiv Sena
In a case related to Adani Group, the apex court reserved its verdict on a PIL on the Adani-Hindenburg dispute over allegations of stock price manipulation. The discretionary powers of state governors and Assembly Speakers in approving bills and deciding on disqualification petitions against MLAs in Maharashtra, Tamil Nadu, Punjab, Kerala and Telangana also came under the scrutiny of the apex court. The court on the dispute between rival factions of Shiv Sena in Maharashtra ruled that it cannot reinstate the Uddhav Thackeray-led MVA government after the Shiv Sena leader decided to resign without majority test in the wake of rebellion in his party, leading to The way has been cleared for Eknath Shinde to remain the Chief Minister. Later, it extended the deadline from December 31 to January 10, 2024, for Assembly Speaker Rahul Narvekar to take a decision on petitions filed by rival Shiv Sena factions in Maharashtra seeking disqualification of each other’s MLAs.
The court’s 1998 decision was also reconsidered
The apex court took a tough stance on the delay by the Governors of Punjab and Tamil Nadu in giving assent to the bills passed by the state legislatures. Taking note of hate speeches at political rallies and religious events, the Supreme Court said it is considering setting up a machinery to deal with them. The year saw marathon hearings on important cases, including reconsideration of the court’s 1998 ruling that lawmakers were immune from prosecution for accepting bribes to make speeches or vote. Apart from this, petitions challenging the remission given to 11 convicts in the case of gang rape of Bilkis Bano and murder of seven members of her family during the 2002 Gujarat riots are also included.
Decision on electoral bond scheme for political funding next year
Decisions in these cases are expected in 2024. The apex court will also give its verdict next year on petitions challenging the electoral bond scheme for political funding. Cases related to air pollution in Delhi-NCR during winter also kept the top court busy. It made strong observations and passed instructions to stop the menace. The top court also stepped in to address the concerns of people affected by caste violence in Manipur and passed several directions, including constituting a committee of three former women judges of the high court to ensure safety, rehabilitation and compensation to the people. Advocating freedom of media, the apex court said criticism of government policies cannot be termed as anti-establishment and quashed the Centre’s broadcast ban on Malayalam news channel ‘MediaOne’. The top court also dealt with several animal-related cases, including the death of eight cheetahs translocated from Africa to Kuno National Park in Madhya Pradesh.